Угода користувача

PUBLIC CONTRACT (OFFER)
order, sale and delivery of goods

 

This Agreement is the official and public offer of the Seller to conclude a contract of sale of the Goods presented on the website balabinka.com.ua. This contract is public, that is, in accordance with Article 633 of the Civil Code of Ukraine, its conditions are the same for all buyers, regardless of their status (individual, legal entity, individual entrepreneur) without preference to one buyer over another. By concluding this Agreement, the buyer fully accepts the terms and conditions of ordering, payment for goods, delivery of goods, return of goods, liability for unfair orders and other terms of the contract. The Contract is considered to be concluded from the moment of clicking the "Confirm Order" button on the ordering page in the "Basket" Section and the Buyer receives an order confirmation in electronic form from the Seller.

 

1. Definition of terms

1.1. Public Offer (hereinafter - "Offer") - a public offer of the Seller addressed to an indefinite number of persons to conclude with the Seller a contract for the sale of goods remotely (hereinafter - the "Agreement") on the terms contained in this Offer.

 

1.2. Product or Service - the object of the agreement of the parties, selected by the buyer on the website of the online store and placed in the basket, or already purchased by the Buyer from the Seller remotely.

 

1.2. Online store - the Seller's website at the address www.balabinka.com.ua created for the conclusion of contracts for retail and wholesale purchase and sale on the basis of familiarization of the Buyer with the description of the Goods proposed by the Seller via the Internet.

 

1.3. The buyer is a capable individual who has reached the age of 18, receives information from the Seller, places an order for the purchase of goods presented on the website of the online store for purposes not related to business activities, or a legal entity or individual entrepreneur.

 

1.4. Seller - FOP Strelchuk Lyudmila Vladimirovna (3108404968 identification code), a legal entity established and operating in accordance with the current legislation of Ukraine, whose location: Ukraine, Lutsk, st. Fedorova, 4V

 

 

2. Subject of the Agreement

2.1. The Seller undertakes to transfer the Goods to the Buyer, and the Buyer undertakes to pay for and accept the Goods under the terms of this Agreement.

2.2. The date of conclusion of the Offer Agreement (acceptance of the offer) and the moment of the Buyer's full and unconditional acceptance of the terms of the Agreement is the date when the Buyer completes the order form posted on the website of the online store, provided that the Buyer receives confirmation of the order from the Seller in electronic form. If necessary, at the request of the Buyer, the Contract may be executed in writing.

 

3. Ordering

 

3.1. The buyer independently places an order in the online store through the "Baskets" form, or by making an order by e-mail or phone specified in the contacts section of the online store.

 

3.2. The Seller has the right to refuse to transfer the order to the Buyer if the information provided by the Buyer at the time of placing the order is incomplete or causes suspicion of their validity.

3.3. When placing an order on the website of the online store, the Buyer undertakes to provide the following mandatory information necessary to fulfill the order:

3.3.1. name of the Buyer;

3.3.2. address, Jakochov delivery of the goods (delivery to the address of Buyer);

3.3.3. contact phone number.

 

3.3.4. Identification code for a legal entity or individual entrepreneur.

3.4. The name, quantity, article, price of the Goods chosen by the Buyer are indicated in the Buyer's basket on the website of the online store.

3.5. If any of the Parties to the Agreement needs additional information, it has the right to request it from the other Party.

3.6. When placing an order through the Seller's operator (clause 3.1 of this Offer), the Buyer shall provide the information specified in clauses 3.3 - 3.4. this Offer.

3.6. Acceptance by the Buyer of the terms of this Offer is carried out by entering the relevant data by the Buyer into the registration form on the website of the online store or during the Order through the operator.

3.7. The Buyer is responsible for the accuracy of the information provided when placing the Order.

3.8. By concluding the Contract, that is, accepting the terms of this offer (the proposed conditions for the purchase of the Goods) by placing an Order, the Buyer confirms the following:

a) the Buyer is fully acquainted and agrees with the terms of this offer (offer);

 

b) it gives permission to collect, process and transfer personal data, permission to process personal data is valid for the entire term of the Agreement, as well as for an unlimited period after its expiration. notification) of the rights established

The Law of Ukraine "On Personal Data Protection," on the purposes of data collection, as well as that his personal data are transferred to the Seller in order to be able to fulfill the terms of this Agreement, the possibility of mutual settlements, as well as for receiving invoices, acts and other documents, The Buyer also agrees that the Seller has the right to provide access and transfer his personal data to third parties without any additional notification to the Buyer. to fulfill the Buyer's order. The scope of the rights of the Buyer as a subject of personal data in accordance with the Law of Ukraine "On the Protection of Personal Data" is known and understandable to him.

 

4. Price and Delivery of Goods

 

4.1 Prices for Goods and services are determined by the Seller independently and are indicated on the website of the online store. All prices for Goods and services are indicated on the website in UAH including VAT.

4.2 Prices for goods and services may be changed by the seller unilaterally depending on market conditions. In this case, the price of a separate unit of the Goods, the value of which is paid by the Buyer in full, cannot be changed by the Seller unilaterally.

4.3. The cost of the Goods indicated on the website of the online store does not include the cost of delivering the Goods to the Buyer. The Buyer pays the cost of delivery of the Goods in accordance with the current tariffs of the delivery services (carriers) directly chosen by him delivery service (carrier).

4.4. The cost of the Goods is indicated on the website of the online store does not include the cost of delivering the Goods to the Buyer's address.

4.5. The Seller may specify the approximate cost of delivery of the Goods to the Buyer's address when the Buyer applies to the Seller with a corresponding request by sending an email or when placing an order through the operator of the online store.

4.6. The obligations of the Buyer to pay for the Goods are considered fulfilled from the moment the Seller receives funds to his account.

4.7. Settlements between the Seller and the Buyer for the Goods are carried out in the ways indicated on the website of the online store in the "Payment and Delivery" section.

4.8. Upon receipt of the goods, the Buyer must, in the presence of a representative of the delivery service (carrier), check the compliance of the Goods with qualitative and quantitative characteristics (name of the goods, quantity, completeness, shelf life).
4.9. The Buyer or his representative during the acceptance of the Goods confirms with his signature in the sales receipt/or in the order/or in the delivery note for the delivery of goods that has no complaints about the quantity of the goods, the appearance and completeness of the goods.

4.10. Ownership and the risk of accidental loss or damage of the Goods shall pass to the Buyer or its Representative from the moment of receipt of the Goods by the Buyer in the city of delivery of the Goods upon independent delivery of the Goods from the Seller or upon transfer of the Goods by the Seller to the delivery service (carrier) selected by the Buyer.

 

5. Rights and obligations of the Parties

 

5.1. The Seller shall:
5.1.1. Transfer the goods to the Buyer in accordance with the terms of this Agreement and the Buyer's order.
5.1.2. Do not disclose any private information about the Buyer and do not provide access to this information to third parties, except as required by law and during the execution of the Buyer's Order.

5.2. The seller has the right to:
5.2.1 Change the terms of this Agreement, as well as prices for Goods and services unilaterally, posting them on the website of the online store. All changes take effect from the moment of publication.

5.3 The Buyer shall:
5.3.1 Until the conclusion of the Agreement, familiarize yourself with the content of the Agreement, the terms of the Agreement and the prices offered by the Seller on the website of the online store.
5.3.2 In order for the Seller to fulfill its obligations to the Buyer, the latter shall provide all the necessary data uniquely identifying him as the Buyer and sufficient to deliver the ordered Goods to the Buyer.

 

6. Return of Goods

 

6.1. The Buyer has the right to return to the Seller a non-food product of proper quality, if the product did not satisfy it in form, dimensions, style, color, size or for other reasons cannot be used for its intended purpose. (fourteen) days, except for the day of purchase. Return of goods of proper quality is carried out if it is not used and if its presentation, consumer properties, packaging, seals, labels are preserved, as well as the settlement document issued to the Buyer for payment of the Goods.

6.2. The return to the Buyer of the value of the goods of proper quality shall be made within 30 (thirty) calendar days from the date of receipt of such Goods by the Seller for compliance with the requirements provided for in Clause 6.1. Agreement, current legislation of Ukraine.

6.3. The value of the goods shall be returned by bank transfer to the Buyer's account.

6.4. The return of the Goods of proper quality to the Seller's address is carried out at the expense of the Buyer and the Seller is not reimbursed to the Buyer.

6.5. In case of detection of defects in the Goods within the established warranty period, the Buyer personally, in the manner and within the terms established by the legislation of Ukraine, has the right to present to the Seller the requirements provided for by the Law of Ukraine "On Protection of Consumer Rights." Upon presentation of claims for free elimination of defects, the term for their elimination is calculated from the date of receipt of the Goods by the Seller at its disposal and physical access to such Goods.

6.6. Consideration of the requirements provided for by the Law of Ukraine "On Protection of Consumer Rights" is carried out by the Seller, provided that the Buyer provides the documents provided for by the current legislation of Ukraine. actions of third parties or force majeure.

6.7. The Buyer has no right to refuse goods of proper quality, having individually defined properties, if the specified goods can be used exclusively by the Buyer who purchased it (including, at the request of the Buyer, not standard sizes, characteristics, appearance, equipment, etc.). Confirmation that the product has individually defined properties is the difference between the size of the product and other characteristics specified in the online store.

6.8. Return of goods, in cases provided for by law and this Agreement, is carried out at the address indicated on the site in the "Contacts" section

 

7. Responsibility

 

7.1. The Seller shall not be liable for damage caused to the Buyer or third parties as a result of improper installation, use, storage of the Goods purchased from the Seller.

7.2. The Seller shall not be liable for improper, untimely fulfillment of the Orders and its obligations in case the Buyer provides inaccurate or false information.

7.3. The Seller and the Buyer are responsible for fulfilling their obligations in accordance with the current legislation of Ukraine and the provisions of this Agreement.

7.4. The Seller or the Buyer shall be exempt from liability for full or partial failure to fulfill its obligations if the failure is the result of force majeure circumstances such as: war or hostilities, earthquake, flood, fire and other natural disasters that arose regardless of the will of the Seller and/or the Buyer after the conclusion of this contract. The Party that can perform its obligations shall immediately notify the other Party thereof.

 

8. Confidentiality and protection of personal data.

8.1. By providing your personal data on the website of the online store during registration or ordering, the Buyer provides the Seller with his voluntary consent to the processing, use (including transfer) of his personal data, as well as the commission of other actions provided for by the Law of Ukraine "On Protection of Personal Data," "without limiting the period of validity of such consent.

8.2. The Seller undertakes not to disclose the information received from the Buyer. It is not considered a violation of the Seller's provision of information to counterparties and third parties acting on the basis of an agreement with the Seller, including for the fulfillment of obligations to the Buyer, as well as in cases where the disclosure of such information is established by the requirements of the current legislation of Ukraine.

8.3. The buyer is responsible for keeping his personal data up to date. The Seller is not responsible for the poor performance or failure to fulfill its obligations due to the irrelevance of information about the Buyer or the inconsistency of its validity.

 

9. Other conditions

9.1. This agreement is concluded on the territory of Ukraine and operates in accordance with the current legislation of Ukraine.
9.2. All disputes arising between the Buyer and the Seller shall be resolved through negotiations. In case of failure to reach a settlement of the disputed issue through negotiations, the Buyer and/or the Seller have the right to apply for a resolution of the dispute to the judicial authorities in accordance with the current legislation of Ukraine.
9.3. The Seller shall be entitled to amend this Agreement unilaterally as provided for in Clause 5.2.1. Contract. In addition, amendments to the Agreement may be made by mutual agreement of the Parties in the manner prescribed by the current legislation of Ukraine.

ADDRESS AND DETAILS OF THE SELLER:
FOP "Strelchuk Lyudmila Vladimirovna"
Ukraine, Kyiv Lutsk, st. Fedorova, house. 4V
p/s UA043052990000026004030807487 in JSC "PrivatBank"
MFI 305299
Code 3108404968
tel. (380) 993107786